Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
It so happens that a further judicial allusion, as to the wrongful
assumption of great names, has been made, and duly reported in the
press. “As usual on Saturday,” says the report, “a number of short
cause actions, generally of a money-lending character, came on for
hearing, in Mr. Justice Darling’s Court in the King’s Bench Division
yesterday. One of them involved considerable argument upon a point of
law with reference to the passing, by a bank, of a cheque, which, it
was alleged, had been altered by the addition of the word, ‘Limited,’
to the plaintiff company.
“Counsel: ‘But at the time the cheque was drawn the plaintiffs were
not a limited company, and the title therefore was not their real
title.’
“‘Oh,’ commented Mr. Justice Darling, ‘such a thing does not surprise
me. I sit here on Saturday and hear all sorts of persons called
Fortescue, Plantagenet, Egerton, and so on, but those are never their
real names. You must not think that on Saturdays I expect people to
give their real names here, because I don’t!’
“His lordship was obviously referring to certain money-lenders whose
registered trade name, as distinct from the name of their parents, has
already given rise to judicial comment.
“The decision eventually went in favour of the defendants, who had paid
the cheque to one of the plaintiffs.
“There was considerable disturbance in the passage of the court when
another case was called, some litigants leaving the court, and others
hastening to the vacant seats.
“A witness named Fitz-Clarence was called in another case.
“‘Quite a Saturday name,’ observed counsel.
“‘All the Burkes and Debretts come here on Saturday,’ replied his
lordship, amid laughter.”[26]
Casual mention has been made of actors. Of those well-known, Henry
Irving was born Brodribb; Herbert Tree, Beerbohm; while George
Alexander’s surname was Samson. In no one of these instances was a
great family name improperly assumed, and it stands to the credit
of these theatrical leaders that such is in fact the case. There
are several persons on the English stage who are perfectly entitled
to describe themselves by well-known names. Lord Rosslyn, Lord
Yarmouth, Lord Dangan, Lady Constance Richardson, and the Hon. Helen
Douglas-Scott-Montagu, are among the number. Mr. Adolphus Yane-Tempest,
also distinguished in the theatrical world, is a Londonderry, while Mr.
Cosmo Gordon-Lennox, one of the Richmonds, is another actor entitled to
a distinguished name.
Public-domain text, read in full here on John Shaqi.
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